UNIT 2- REAL ESTATE LICENSE AND QUALIFICATIONS FOR LICENSURE (CONTENT)
Attorney who are active members of The Florida Bar
are exempt from prelicense Course I and Continuing education.
CHAPTER 455
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION and all professions under the department, including real estate. Including section 455.10 and section 455.227
Summary of Applicants
(SOA) Applications of individuals with a criminal history are flagged by the DRE. A list of flagged applications is prepared each month and placed on a FREC agenda. An applicant who has been disbarred or is guilty of the previously listed offenses is not considered qualified for a real estate license unless passage of time, good conduct and reputation, or other sufficient reasons cause the Commission to believe granting the license will not endanger the interests and welfare of the general public.
EXEMPTION BASED ON CAREER
*Attornerys-at-law, when acting within the scope of their professional duties in the attorney-client relationship, are exempt from real estate licensure. However, holding a Florida attorney license does not entitle an attorney to compensation for performing real estate services. For example, an attorney must be a real estate licensee if the attorney wants to charge a fee for referring a commercial client to a broker. *Certified public accountants (CPAs) are exempt from real estate licensure when performing accounting duties within the scope of their professional duties. *State-certified and licensed real estate appraisers licensed under Chapter 475, Part II, are exempt from a real estate license when conducting appraisals.
SALARIED EMPLOYEE EXEMPTIONS
*Salaried managers of a condominium or cooperative apartment complex who rent individual units for periods no longer than one year, and do not receive compensation based on transactions. (Note: The salaried rental apartment agent [in the previous bullet] has no restriction on the duration of the lease. However, managers of condominiums and cooperative units are limited to lease of one year or less). *Salaried employees of an owner-developer (real estate developer), are exempt from real estate licensure, provided the employees do not receive compensation based on transactions.
SALES ASSOCIATE QUALIFICATIONS FOR LICENSURE The sales associate applicant must:
*be 18 years of age or older *have a high school diploma or its equivalent *possess a Social security Number *be honest, truthful, trustworthy, of good character, and possessing a reputation for fair dealing *be competent and qualified to make real estate transactions and conduct negotiations with safety to investors and others with whom the applicant may undertake a relation of trust confidence.
POST-LICENSING EDUCATION -2
. Licensees who fail the end-of-course exam must wait at least 30 days from the date of the original examination to retake a different form of the end-of-course examination (alternatively, licensees who do not want to wait 30 days may choose to retake the course and, in such cases, take a different form of the end-of-course exam).
BROKER EXPERIENCE REQUIREMENTS-2 A broker applicant can fulfill the experience requirement in one of the three ways:
1. The applicant has held an active sales associate license under one or more real estate brokers for at least 24 months during the five-year period preceding application to become a Florida real estate broker. The employment can be under a Florida real estate broker or a broker licensed in another state or in any foreign jurisdiction. 2. The applicant held an active sales associate license while working as a salaried employee of a government agency and performing the duties authorized in Chapter 475, F.S., for at least 24 months during the five-year period preceding application to become a Florida real estate broker. 3. The applicant held an active broker license in another state or in any foreign jurisdiction for at least 24 months during the five-year period preceding application to become a Florida real estate broker.
Period to Check for Errors and Omissions
A 30-day period is allowed after receipt of the application to check for errors and omissions and to send the applicant a notice of insufficiency concerning any additional information required. An applicant's failure to supply additional information may not be grounds for denial of a license unless the applicant was notified within the 30-day period.
LICENSE APPLICATION
A U.S. Social security number is required to apply for a real estate license. In the full legal name section of the license application, applicants must enter their name as they appear on their Social Security cards.The social security number is used to determine whether applicants are in compliance with child support obligations. A real estate license application is valid for two years after it is received by the DBPR. Reference section 475.181(2), 455.213, F.S., and 559.79, F.S.
New sales associates must change their license to active status before legally operating as a sales associate.
A change from inactive to active status is accomplished by submitting DBPR form RE 11: Change of Status for sales associates and broker associates. The form is signed by the broker or owner-developer and the sales associate. Florida brokers may also register new licensees online at the DBPR's website. New licensees must not begin working until the DBPR website indicates that the license has been changed to active status under the proper broker or brokerage entity.
CONTINUING EDUCATION-3
A licensee may substitute attendance at one legal agenda session of the FREC for three classroom hours of specialty continuing education (CE) credit. A licensee may substitute three CE credits only one time per renewal cycle. To obtain the credit, the licensee must notify the DRE at least seven days in advance of the licensee's intent to attend the FREC's legal agenda session. A licensee may not earn CE credit for attending a legal agenda session if the licensee is a party to a disciplinary action slated for that FREC legal agenda. Active members in good standing with the Florida Bar are exempt from the continuing education requirements for real estate licensees.
APPLICATION REQUIREMENTS
A person desiring to be licensed must submit a DBPR license application. The application is available on the internet at the DBPR's Form Center. Applicant may download, print, and mail the application, or they may apply online. The license application expires two years after the date the DBPR receives the appropriate signed or electronically authenticated application.
broker
A person who, for another and for compensation or other consideration (or anticipation of compensation or other consideration), performs real estate services. requires additional education, experience, and passing the broker license exam
FAILURE NOTICE AND EXAMINEE RIGHTS-3
A request for a hearing before an administrative law judge must be filed within 21 days from the date of the onsite grade notice, or 21 days from the date of the letter notifying the student of the DBPR evaluation decision regarding the student's challenges. The request for a hearing is filed with the Chief Bureau of Education and Testing, DBPR.
CONTINUING EDUCATION-1
After completing the post-licensing education requirement during the initial license period, active and inactive licensees must complete at least 14 hours of continuing education during every two-year license period after that. Three of the 14 hours must consist of core law, which includes updates to applicable rules and statutes. Real estate licensees who hold a license expiring on September 30, 2018 or thereafter must also take a three-hour Ethics and Business Practices course once during each license renewal period. Licensees who complete the Core Law course and the Ethics and Business Practices course will receive six credit hours toward the 14 hour requirement.
sales associate
An typically begins a real estate career in Florida as a licensed SALES ASSOCIATE. Applicants who have completed the required education and passed the license exam are initially licensed as voluntary inactive sales associates. Inactive sales associates can become active by finding an employer and filing the information with the DBPR.
Period to Inform Applicant of Approval or Denial
Any application for licensure that is not processed within the legislated time periods must be considered approved. An applicant must be informed of approval or denial of the application within 90 days after receipt of the last correctly submitted application. When the commission denies an application, it sends a copy of the denial to the applicant, lists the reasons for the denial, and advises that the applicant has 21 days from the date of receipt of the order to request a hearing in accordance with Chapter 120, F.S.
Florida's licensees who becomes a nonresident
Any resident licensee who becomes a nonresident must notify the Commission within 60 days of the change in residency and comply with all nonresident requirements. A Florida resident licensee who fails to notify the Commission of becoming a nonresident as prescribed in Section 475.180 may be issued a citation and fined $300. (reference: section 475.180, F.S., and 61J2-24.002, F.A.C.
REAL ESTATE SERVICES-3
Anyone who performs real estate services for another person for compensation of any type must be licensed, unless specifically exempted by law. Compensation is defined as anything of value or a valuable consideration, directly or indirectly paid, promised, or expected to be paid or received. Compensation includes money in the form of a salary, bonuses, commissions, and gratuities. Compensation is also things of value such as dinner, flowers, wine gift certificates, event tickets, and so forth.
BACKGROUND CHECK
Applicants are cautioned to complete the application carefully, particularly with respect to past history concerning felonies, misdemeanors, and traffic offenses ( other than parking, speeding, inspection, or traffic signal violations). Applicants are not asked to disclose personal financial information such as bankruptcy, foreclosures, credit information, and so forth. When responding regarding past history (background questions on application), applicants who have been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere, even if court action (adjudication) was withheld, should attach full details of all cases with dates and outcomes, including any sentence and conditions imposed.
BROKER REQUIREMENTS
Applicants who possess a Florida sales associate's license must fulfill their sales associate's post-licensing education before the expiration of the initial sales associate's license or before applying for a broker's license (whichever occurs first). Broker applicants must successfully complete Course II or an equivalent FREC approved course (unless qualifying as a broker under the mutual recognition provision). Course II consists of 69 hours of instruction plus 3 hours for the end-of-course examination.
BROKER EXPERIENCE REQUIREMENTS-1
Broker applicants must fulfill an experience requirement in addition to the education requirement. To fulfill the experience requirement, a broker applicant must have held an active real estate license for at least 24 months during the five -year period preceding application to become a Florida real estate broker.
FAILURE NOTICE AND EXAMINEE RIGHTS
Examinees are entitled to review only their most recently administered exam. Requests to review the exam must be received within 21 days after the date of the examination (release date on the original exam report). Review appointments are schedule with the test vendor. Applicants at their own expense, to have an attorney review the exam with them.
FREC rules define a Florida Resident
FREC rules define a Florida Resident as a person who has resided in Florida continuously for a period of four calendar months or more within the preceding year, regardless of whether the person resided in a recreational vehicle, hotel rental unit or other temporary or permanent location, this person is considered a legal Florida resident. This is the test used to determine whether an applicant for licensure qualifies as a nonresident under mutual recognition.
1923(license law)
Florida Legislature passed the Real Estate License Law, chapter 475 of the Florida Statutes.
1925 (FREC)
Florida Real Estate Commission (FREC/ the commission) to administer and enforce the license law. The Commission has the authority to keep records and conduct investigations, as well as the power to grant, deny, suspend, and revoke licenses, and discipline licensees.
mutual recognition agreements
Florida and other state enter into a contract to recognize each other's real estate license education. Real estate applicants approved for licensure under mutual recognition are exempt from the prelicense education course. Mutual recognition applicants must demonstrate knowledge of Florida's real estate laws by passing license law exam that consists of 40 questions concerning Florida specific real estate law. A grade of 30 points (75%) or higher is required to pass the exam. After demonstrating knowledge of Florida license law, the applicant is issued a Florida real estate license. Only nonresidents of Florida may use education obtained a mutually recognized state to obtain a Florida real estate license.
REAL ESTATE SERVICES-1
Florida real estate license law identifies real estate-related activities called real estate services that require a Florida real estate license. Real estate services include any real estate activity involving compensation for performing the services for another.
BROKER POST-LICENSING EDUCATION
If a broker does not complete the 60-hour post-licensing requirement, the broker's license becomes null and void by operation of law. However, the broker may request and receive a sales associate's license after completing 14 hours of continuing education within the six months following expiration of the broker's license-- and provided the broker has complied with all requirements for renewal.
TIME LIMIT FOR PRELICENSE EDUCATION
If an applicant does not pass the state license within two years after the course completion date, the course completion expires and the applicant must again complete the prelicense education course. The completion date is the date the student passed the prelicense end-of-course exam. Reference: Section 475.181(2), F.S.
PRESUMPTION OF ACTING AS A REAL ESTATE BROKER-1
If an individual performs services of real estate for another person and a disciplinary case is filed as a result of that activity, there is a presumption that the individual is acting as a real estate licensee. Even if the individual attempts to perform a service of real estate for another person without being compensated for the service, the individual may be held liable. If an individual has sold or leased real estate that is not titled in his name, or has maintained an office bearing signs that real estate is for sale or lease, or has advertised real estate for sale or lease, there is a presumption that the individual was acting or attempting to act as a real estate broker. .
NOLO CONTENDERE
Is a plea of no contest entered in a criminal court of law. The defendant does not admit or deny the charges, though a fine or a sentence may be imposed by the court.
EXPUNGEMENT
Is a process by which the record of a criminal conviction is destroyed or sealed after expiration time. Expungement is no automatic. Sealed records cannot be examined except by order of the court or by designated officials. States statutes that provide for sealing of records usually pertain to juvenile offenders. Applicants are not required to disclose a personal bankruptcy. An applicant can order an FDLE criminal history report for $24.
Chapter 61J2, Florida Administrative Code
It is a set of administrative rules developed by the FREC, pursuant to the rule making process outlined in chapter 120, F.S. Administrative rules are published in the Florida Administrative Code(FAC).
REAL ESTATE SERVICES-4
It is a violation of license law to share a commission with or to pay a fee or other compensation to an unlicensed person for the referral of real estate business clients, prospects, or customers. However, a Florida broker may pay a referral fee to a broker licensed in another state so long as the foreign broker does not violate Florida law.
REGISTRATION AND LICENSURE-3
Licensure is obtained when an applicant passes the estate license exam. Passing the license examination gives the applicant the right to request and be issued a real estate license. The license indicates the licensee's full name and address, type of license, license number, effective date, expiration date, the name of the governor, and the DBPR secretary. The two-letter prefix before the license number indicates the license type. BK signifies broker; SL, sale associate; BL, broker associate; BO, branch office; CQ, corporations and LLCs; and PR, partnerships and LLPs. A real estate license is considered prima facie evidence that the holder possesses a current and valid license.
EXEMPTIONS FROM A REAL ESTATE LICENSE
The Florida statutes identify specific exemptions from the requirement to be licensed as a real estate broker or sales associate. The exemptions have been organized into five groups for study purposes. The five groups are: 1. Owner Exemptions 2. Exemptions based on career 3. Salaried employee exemptions 4. Court and legally appointed persons 5. Miscellaneous exemptions
PART II(chapter 475)
Pertains to real estate appraisers and sets forth the requirements for licensed and certified appraisers according to federal statute. (FREAB).
PRIMA FACIE EVIDENCE
Prima facie evidence is a legal term used to refer to refer to evidence that is good and sufficient on its face (at first view) to establish a given fact or prove a case. Unless it is refuted by evidence to the contrary, prima facie evidence will prove a case (presumptive evidence). A real estate license indicates the licensee's name, issue date, and expiration date, and it serves as prima facie evidence that the licensee holds a current and valid license. Furthermore, official Commission documents become prima facie evidence once they are signed by the FREC chairperson's designee and affixed with the Commission's seal.
PART I (chapter 475)
Real Estate Brokerage. Real estate licensees are responsible for knowing the provisions of this chapter. FREC implements, interprets, and enforces the regulatory provisions of Chapter 475.
REAL ESTATE SERVICES-2
Real estate services are further defined in license law to include the following activities int the sale, exchange, or lease of real property, including mineral rights, business enterprises, or business opportunities: -Offer to, agree to, or attempt to perform real estate activities. -Advertise or otherwise indicate to the public that one is in the business of performing real estate services. -Direct or assist in the procurement of sellers, buyers, lessors, or lessees. -Negociate or close a real estate transaction (note that case law has determined that the intention to close a real estate transaction is sufficient).
REGISTRATION AND LICENSURE-1
Registration is the process of submitting information to the DBPR that is entered into the DEPARMENT'S RECORDS. Information that is placed on record with the DBPR includes the name and address of each licensed broker and sales associate; the name and business address of each sales associate's employer; the sales associate's and broker's license status (active or inactive); and the person's involvement as an office, director, or partner of a real estate business.
SALARIED EMPLOYEE EXEMPTIONS
Salaried employees are individuals who receive a salary and do not receive compensation based on the actual real estate transaction. Florida Statute 475 exempt salaried employees in specific situations: *Salaried employees of a business entity may buy, sell, exchange, and lease property for their employers. However, the employees may not be paid on a transactional basis. ( The employees may not receive a fee, commission, or other compensation based on the transaction.) *Salaried employees of an apartment community who work in an onsite rental office are exempt from licensure. The employees cannot be compensated based on transactions completed. Salaried employees may complete leasers regardless of the length of tenancy. (Note: Real estate licensees are prohibited from completing leases that are more than one year in duration.
REGISTRATION AND LICENSURE-2
Sales associate and broker associates licensed in Florida must be registered under their employing broker (or owner-developer, if applicable). Sales associates and broker associates may have only one registered employer at any given time. Florida licensees may also hold active licenses in other states. Individuals who do not intend to engage actively in the real estate business, such as a director of a real estate corporation, simply register this information with the DBPR so that the information can be entered into the database. However, an individual who wishes to actively engage in the real estate industry must be licensed and registered a active with the DBPR.
EDUCATION REQUIREMENTS
Sales associate candidates must successfully complete Course I or an equivalent FREC approved prelicense course. The course is based on the fundamentals of real estate principles and practices, real estate law, real estate license law, and real estate mathematics. Course I consists of 60 hours of instruction plus 3 hours for an end-of-course examination. The end-of-course examination consists of 100 questions worth 1 point each and is usually organized each and 45 questions on principles and practices, 45 questions on real estate law, and 10 math questions. A passing score of at least 70 is required on the end-of-course exam.
The Three categories of real estate licenses are as follow:
Sales associate, broker, and broker associate.
Fee Waiver
The fee waiver for low-income, military personnel and military veterans and their spouses applies to all types of professional licenses issued by the DBPR.
POST-LICENSING EDUCATION
Sales associates are required to successfully a prescribed post-licensing education requirement before the first renewal of their licenses. This requirement has the effect of placing all initial licenses in a conditional (probationary) status because failure to complete the post-licensing education requirement will cause the initial license to become null and void by operation of law. Sales associates who do not complete the 45-hours post-licensing requirement and want to continue in the real estate business are required to requalify for licensure by repeating the prelicense course and end-of-course exam and by again passing the state licensing exam. Students must pass the 45-hours end-of-course exam with a score of 75% or higher
COURT AND LEGALLY APPOINTED PERSONS
Sometimes, a court of law will require an unlicensed individual to liquidate real estate. In some situations, an individual may authorize another person to sign legal documents on one's behalf. *Court-appointed individuals acting within the limitations of their duties are exempt from licensure. For example, a personal representative designated in a will or an executor of an estate of a deceased person is exempt from a real estate license. *An attorney-in-fact is a person who has been authorized by another person to act in his place. For example, a seller who is stationed overseas in the armed services may choose to give a power of attorney to a trusted relative to sign legal documents, such as a sale contract or a deed, on the seller's behalf. A real estate license is not required to act as an attorney-in-fact. (However, a power of attorney cannot be use to authorize an individual to conduct real estate services--to do so would be unlicensed activity.).
TIPS REGARDING POST-LICENSE EDUCATION
Students should not enroll in a post-license course until first becoming licensed. If you take ylour post-license course before becoming licensed, the course will not count. Students are encouraged to take their post-license education soon after becoming licensed. Do not wait until the last minute. Plan to complete the course at least 30 days before the expiration date on your license. Licensees who fail the post-license end-of-course exam must wait at least 30 days from the date of the original examination to retake the exam, you can do so before the expiration date on your license. If you are taking the course by distance education, your school will need time to grade your exam and electronically submit the results to the state before your expiration date. Furthermore, you need to allow for unexpected events, such as computer problems, sickness, and emergencies.
CHAPTER 120
The Administrative Procedure Act defines the procedural process by which regulatory agencies decide and implement agency action. The licensing and disciplinary process for real estate licensees is outlined in this chapter.
PART IV (chapter 475)
The Commercial Real Estate Leasing Commission Lien Act, gives a broker lien rights for earned commission associated with a brokerage agreement to lease commercial real estate.
PART III(chapter 475)
The Commercial Real Estate Sales Commission Lien Act, gives a broker lien rights for earned commission. This act applies only to commercial property (not residential property). The lien is only against the owner's net proceeds (personal property) from the sale and does not attach to the commercial real property.
FEE WAIVER FOR MILITARY VETERANS AND THEIR SPOUSES
The DBPR waive the application fee, the initial license fee, and the unlicensed activity fee for military veterans and their spouses who apply for a real estate license within 60 months after honorable discharge from the U.S. armed services The fee waiver does not include the examination fee and the fingerprint processing fee.
FEE WAIVER FOR LOW-INCOME APPLICANTS
The DBPR waive the initial license fee for certain low-income applicants. low-income applicants are required to pay the application fee, unlicensed activity fee, and the Real Estate Recovery Fund fee. Eligibility is based the applicant's before tax household income. Eligible low-income applicants are required to submit fingerprints, complete pre-license education, and pass the state license exam. The fee waiver does not include the examination fee and the fingerprint processing fee (paid directly to the vendor). There are no renewal exemptions for low-income licensees.
FEE WAIVER FOR MILITARY PERSONNEL AND THEIR SPOUSES
The DBPR waive the initial licensing fee for a member of the U.S. armed services that has served on active duty. The fee waiver also applies to a spouse who was married to the active duty member during a period of active duty, and to a surviving spouse of a member of the U.S. armed services who at the time of death was serving on active duty. Eligible military personnel and their spouses must submit fingerprints and the application fee. unlicensed activity fee and the REAL ESTATE RECOVERY FUND fee. The fee waiver does not include the examination fee and the fingerprint processing fee. Military personnel and their spouses must also complete the prelicense education requirement and pass the state license exam.
Reciprocity for U.S. Armed and their Spouses
The Occupational Opportunity Act provide reciprocity to active and former active duty members of the U.S. armed forces and their spouses who hold a valid real estate license issued in another state or foreign jurisdiction. Reciprocity is the practice of mutual exchanges of privilieges. The DBPR is required to issue a Florida real estate license to active duty members of the U.S. armed forces who hold a valid real estate license issued in another state or foreign jurisdiction. A spouse or a surviving spouse who holds a valid real estate license from another state or foreign jurisdiction, upon application, must also be issued a Florida license. In case of a surviving spouse, the member of the armed forces must have been serving on active duty a the time of death. The law applies to all professional licenses issued by the Florida DBPR. The applicant must, at the time of application to the DBPR, hold a valid license for the corresponding profession in another state, U.S. territory, or a foreign jurisdiction.
PRESUMPTION OF ACTING AS A REAL ESTATE BROKER-2
The burden of proof should be upon the individual to show that he was not acting or attempting to act as a broker or sales associate. Unlicensed individuals may find themselves facing charges of unlicensed activity. Licensed sales associates beware--don't find yourself defending real estate activities conducted for friends or relatives. Any real estate activities must be with your broker's knowledge and consent.
HARDSHIP CASES
The commission may allow real estate licensees an additional six-month period following the initial license expiration to complete the post-license education requirement if, due to individual physical hardship, as defined by rule, they could not complete the education before the license expiration date. A physical hardship is defined as a licensee's long-term illness involving a close relative or person for whom the licensee has caregiving responsibilities; the required course was not reasonably available; or the licensee had an economic or technological hardship that substantially relates to the ability to complete education requirements. An economic hardship is defined as the inability to meet reasonable basic living expenses. Licensees must request the post-license hardship extension in writing to the commission, setting forth the basis of the alleged hardship. The commission may request documentation to support the request. There is no legislative authority to extend the post-license requirement beyond the six-month period.
CHAPTER 20 F.S.
The executive branch of Florida's government executes the programs and policies adopted by the Legislature including the Department of Business and Professional Regulation (DBPR)
BROKER EXPERIENCE REQUIREMENTS-3
The experience cannot be earned by working for an owner-developer unless the owner-developer is a licensed broker who holds a current, valid, active real estate license. A broker applicants who holds a Florida real estate sales associate license must fulfill the 45-hour post-licensing education requirement before the initial sales associate license expires in order to be eligible to obtain a Florida broker license, even if the applicant is applying real estate experience from another state. If the broker applicant does not hold a Florida real estate sales associate license, the 45-hour post-licensing education requirement does not apply.
MISCELLANEOUS EXEMPTIONS
There are several other diverse groups that are exempt from licensure when they perform services related to real estate. *Individuals who rent lots in a mobile home park or recreational travel park. (Rentals in mobile home parks and recreational vehicle lot rentals are not considered real property.) *Persons who sell cemetery lots. (Cemetery lots are not considered real property.) *Dealers who are registered with the Securities and Exchange Commission (SEC) selling business enterprises to accredited investors. *Hotel and motel clerks who rent transient occupancy of public lodging establishments. *Tenants of an apartment community may receive a fee up to $50 for the referral of a new tenant to the same apartment community. Property managers of residential community associations are required to obtain a community association manager (CAM) license from the Department of Business and Professional Regulation (DBPR) for communities of more than 10 units or when the annual budget exceeds $100,000.
CHAPTER 475 is divided in four parts.
This law is called the Real Estate Professional Practice. The Law was created to establish the legal rights and responsibilities of the real estate licensees and real estate appraisers.
EXAM ELIGIBLE
When the application processing is complete and the applicant is considered qualified, the DBPR notifies the national testing vendor. The vendor then sends a notice informing the candidate of eligibility to take the state license examination. Examinees must be prepared to show sufficient identification to obtain admission to the test site. Sufficient identification is defined as two forms of signature identification, one of which contains a photograph and the signature of the applicant. Student and employment identification cards are not accepted. Examinees must also provide the notice of satisfactory completion (grade report) at the scheduled examination as proof that they have satisfactory completed Commission-prescribed course. ( The grade report is issued by the school as proof that the student successfully completed the required prelicense course.)
WITHHOLD ADJUDICATION
When the court determines that a defendant is not likely to again engage in a criminal act and that the ends of justice and the welfare of society do not require that the defendant suffer the penalty imposed by law, the court may withhold adjudication of guilt, stay (stop) the imposition of the sentence, and place the defendant on probation. A withhold of adjudication must be disclosed on the application.
CONTINUING EDUCATION-2
While only 3 hours of core are required in the two-year, 14 hour renewal cycle, the legislature encourages licensees to take three hours of core law in each year of the renewal cycle to stay current on changes in the Florida real estate laws. A licensee who takes the three-hour core law course in each year of the renewal period receives three hours of core law credit and three hours of specialty credit toward the 14-hour continuing education requirement.
application requirements
a person desiring to be licensed must submit a DBPR license application. The license application expires 2 years after the date the DBPR receives the appropriate signed or electronically authenticated application. New applicants for licensure are assessed an application fee, the initial biennial license fee, unlicensed activity fee, and Real Estate Recovery Fund Fee, if applicable. Applicants submit the license exam fee and the fingerprint processing fee directly to the test vendor.
CHAPTER 455.227
authorizes the Commission to discipline a real estate licensee who has failed to notify the DBPR within 30 days of a conviction, finding of guilt, plea, or adjudications of a crime, regardless of where the event occurred.
FINGERPRINTS
fingerprints is part of the license application process. The purpose the fingerprinting process is to determine whether an applicant has a criminal history. Applicants should submit their fingerprints at least five days before submitting the license application. This allows sufficient time for the FDLE to process the fingerprints and submit the results to the DBPR. If an applicant's fingerprint results have not been received by the DBPR when the application is processed, the application will be deemed incomplete.
four-year degree or higher in real estate
individuals who have received a four-year degree or higher in real estate from an accredited institution of higher education are exempt from the prelicense course I, Prelicense course II, Post-license.
OWNER-DEVELOPER
is an unlicensed entity that sells, exchanges, or leases its own property. An owner-developer's sales staff must hold active real estate licenses in order to be paid a commission or other compensation based on actual sales (that is, on a transactional basis). The sales staff is exempt from real estate licensure if they are paid strictly on a salaried basis.
Division of Real Estate (DRE)
provides support services to the Commission. The DRE is under the Department of Business and Professional Regulation (DBPR).
CHAPTER 455.10
provides that an individual cannot be disqualified from practicing an occupation or profession regulated by the State of Florida solely because the person is not a U.S. citizen. Another section of this statute sets forth laws regarding Commission and board organization, meetings, compensation, and so forth. This statutes also concerns the unlicensed practice of a profession, including real estate. requirements concerning license examinations and the use of professional testing services are set forth in Chapter 455. This law also mandates what actions the DBPR may take in regulating licensees.
The Florida Real Estate Appraisal Board (FREAB)
regulates state-certified, licensed, and registered trainee appraisers. The FREAB functions very similarly to the Florida Real Estate Commission (FREC). Both quasi-judicial bodies follow the same procedures for disciplining licensees.
OWNER EXEMPTIONS
they are selling their own property. *Property owners may buy, sell, exchange, and lease their own property. *Officers and directors of corporations (and owners of other business entities) may buy, sell, exchange, and lease the property of the business entity. *Partners in a real estate partnership are exempt from licensure if selling property owned by the partnership provided the partner receives a share of the profits in proportion to their interest in the partnership. For example, a 40% partner may receive 40% of the profits of the business. A real estate license is required if the 40% partner received more than 40% of the profits. *Owner of time share periods who own the time share for their own use and occupancy may later sell their interest.
sales associate and broker associate need to work ?
under the direction and control of a broker or an owner-developer. Sales associates and broker associates are agents of their employer.
Broker Associate
who holds a broker's license but chooses to register and work in real estate under the direction of another broker.
